EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0302*
HOUSE BILL 302
D1, D4 5lr0812
By: Delegate Moon
Introduced and read first time: January 9, 2025
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: March 2, 2025
CHAPTER ______
AN ACT concerning 1
Courts and Judicial Proceedings – Statement of Charges – Human Service 2
Workers 3
FOR the purpose of expanding certain provisions of law relating to a certain investigation 4
and recommendation by a State’s Attorney concerning the filing of a statement of 5
charges against certain professionals to include certain human service workers; and 6
generally relating to statements of charges against human service workers. 7
BY repealing and reenacting, with amendments, 8
Article – Courts and Judicial Proceedings 9
Section 2–608 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2024 Supplement) 12
(As enacted by Chapter 59 of the Acts of the General Assembly of 2021) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Courts and Judicial Proceedings 16
2–608. 17
(a) (1) In this section the following words have the meanings indicated. 18
2 HOUSE BILL 302
(2) “ADULT PROTECTIVE SERVICES WORKER ” MEANS A HUMAN 1
SERVICE WORKER , AS DEFINED IN § 14–101 OF THE FAMILY LAW ARTICLE, 2
EMPLOYED BY A PUBLIC ADULT PROTECTIVE SER VICES PROGRAM . 3
[(2)] (3) “Charging document” means a written accusation alleging that a 4
defendant has committed an offense. 5
(4) “CHILD WELFARE CASEWOR KER” MEANS A HUMAN SERVIC ES 6
PROFESSIONAL WHO MEE TS THE QUALIFICATION S FOR EMPLOYMENT UND ER § 7
4–301 OF THE HUMAN SERVICES ARTICLE. 8
[(3)] (5) “Citation” means a charging document, other than an 9
indictment, an information, or a statement of charges, issued to a defendant by a peace 10
officer or other person authorized by law to do so. 11
[(4)] (6) “Educator” means a principal, vice–principal, teacher, or 12
teacher’s aide at a public or private preschool, elementary, or secondary school. 13
[(5)] (7) “Emergency services personnel” means: 14
(i) A career firefighter of a county or municipal corporation; 15
(ii) An emergency medical services provider as defined in § 13–516 16
of the Education Article of a county or municipal corporation; 17
(iii) A rescue squad employee of a county or municipal corporation; 18
and 19
(iv) A volunteer firefighter, rescue squad member, or advanced life 20
support unit member of a county or municipal corporation. 21
[(6)] (8) “Indictment” means a charging document returned by a grand 22
jury and filed in circuit court. 23
[(7)] (9) “Information” means a charging document filed in court by a 24
State’s Attorney. 25
[(8)] (10) “Law enforcement officer” means: 26
(i) A law enforcement officer as defined in § 1–101 of the Public 27
Safety Article; 28
(ii) The Police Commissioner of Baltimore City; 29
(iii) An individual who serves at the pleasure of the Police 30
Commissioner of Baltimore City; 31 HOUSE BILL 302 3
(iv) The police chief of a county law enforcement agency; 1
(v) The police chief of a municipal corporation; 2
(vi) The police chief or superintendent of a State law enforcement 3
agency; 4
(vii) The sheriff of a county; 5
(viii) An officer who is on probationary status on initial entry into a 6
law enforcement agency; 7
(ix) A correctional officer as defined in § 8–201 of the Correctional 8
Services Article; or 9
(x) Any federal law enforcement officer who exercises the powers set 10
forth in § 2–104 of the Criminal Procedure Article. 11
[(9)] (11) “Offense” means a violation of the criminal laws of the State or 12
any political subdivision of the State. 13
[(10)] (12) “Statement of charges” means a charging document, other than 14
a citation, filed in District Court by a peace officer, a District Court Judge, or a District 15
Court Commissioner. 16
(b) An application filed in the District Court that requests that a statement of 17
charges be filed against a law enforcement officer, emergency services personnel, AN 18
ADULT PROTECTIVE SER VICES WORKER , A CHILD WELFARE CASE WORKER, or an 19
educator for an offense allegedly committed in the course of executing the duties of the law 20
enforcement officer, emergency services personnel, ADULT PROTECTIVE SER VICES 21
WORKER, CHILD WELFARE CASEWO RKER, or educator shall immediately be forwarded 22
to the State’s Attorney. 23
(c) (1) Upon receiving an application filed in District Court requesting that a 24
statement of charges be filed against a law enforcement officer, emergency services 25
personnel, AN ADULT PROTECTIVE SER VICES WORKER , A CHILD WELFARE 26
CASEWORKE R, or an educator, the State’s Attorney shall: 27
(i) Investigate the circumstances of the matter; and 28
(ii) Make a recommendation to the District Court Commissioner as 29
to whether a statement of charges should be filed against the law enforcement officer, 30
emergency services personnel, ADULT PROTECTIVE SER VICES WORKER , CHILD 31
WELFARE CASEWORKER , or the educator. 32
4 HOUSE BILL 302
(2) If the State’s Attorney recommends to a District Court Commissioner 1
that a statement of charges be filed against a law enforcement officer, emergency services 2
personnel, AN ADULT PROTECTIVE SER VICES WORKER , A CHILD WELFARE 3
CASEWORKER , or an educator, the State’s Attorney shall also make a recommendation as 4
to whether a summons or warrant should issue. 5
(d) Notwithstanding any other provision of the Code or the Maryland Rules, a 6
statement of charges for an offense allegedly committed in the course of executing the 7
duties of the law enforcement officer, emergency services personnel, ADULT PROTECTIVE 8
SERVICES WORKER , CHILD WELFARE CASEWO RKER, or the educator may not be filed 9
against a law enforcement officer, emergency services personnel, AN ADULT PROTECT IVE 10
SERVICES WORKER , A CHILD WELFARE CASE WORKER, or educator until the State’s 11
Attorney has investigated the circumstances of the matter and made recommendations to 12
the District Court Commissioner in accordance with subsection (c) of this section. 13
(e) This section may not be construed to preclude the State’s Attorney from 14
making a determination that an information should be filed against a law enforcement 15
officer, emergency services personnel, AN ADULT PROTECTIVE SER VICES WORKER , A 16
CHILD WELFARE CASEWO RKER, or an educator or that a grand jury should be convened 17
to determine whether an indictment should be filed. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2025. 20
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.